The High Court granted pre-arrest bail to the applicant, an accused charged with murder and related offences, holding that custodial interrogation was not warranted despite the grave nature of the charges.
Application allowed; applicant released on bail on executing a bond of Rs. 20,000/- and furnishing surety in like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 Cr.Apln. 5228.2016
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
901 CRIMINAL APPLICATION NO. 5228 OF 2016
RAVI S/O RAMESH HADSE
VERSUS
THE STATE OF MAHARASHTRA
Mr. M.M.Parghane, Advocate for Applicant.
Mr. S.P.Sonpawle, A.P.P. for Resp. – State.
CORAM : A.M.BADAR, J.
DATE : 21st, OCTOBER 2016
ORAL ORDER :
as well as the learned A.P.P. Learned A.P.P. opposed the
2 Cr.Apln. 5228.2016
application by contending that for recovery of amount due from brother-in-law Mangesh Vaijnath Kotalwar, accused persons abducted Rohit Dileep Kodawar and ultimately murdered him. According to the learned A.P.P., the case is based on circumstantial evidence and statements of witnesses show motive.
3 Cr.Apln. 5228.2016
(i) The application is allowed.
(ii) In the event of his arrest in Crime No.
47/2015 registered at Jalkot police station, Tq. Jalkot, Dist. Latur for the offences punishable U/ss 302,201,468,120B,363,365 read with 34 of the Indian Penal Code,
4 Cr.Apln. 5228.2016
applicant Ravi s/o Ramesh Hadse be released on bail on executing P.R. Bond of Rs. 20,000/- [Rupees Twenty Thousand] and on furnishing surety in the like amount.
(iii) As a condition of this Order, the applicant shall not extend any threat, inducement or promise to the persons acquainted with the facts of the accusation so as to dissuade them from disclosing the same either to the police or the Court.
(iv) The applicant shall not tamper the evidence of the prosecution.
(v) The applicant shall attend the concerned police station on 05/11/2016 and 12/11/2016 in between 11.00 a.m. and 1.00 p.m. and he should co-operate the Investigating
Officer in the investigation of the crime in question.
[A.M.BADAR, J.]
KNP/Cr.Apln. 5228.2016
2 issues framed by the court
Whether the applicant is eligible to be released on pre-arrest bail in an Under Trial charging of offences under Sections 302 and 363 IPC.
Whether custodial interrogation of the applicant is warranted given the nature of evidence and circumstances of the case.
1 provisions across 1 enactments
Ravi s/o Ramesh Hadse
The State of Maharashtra
A.M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
